[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2444 Introduced in Senate (IS)]







106th CONGRESS
  2d Session
                                S. 2444

  To amend title I of the Employee Retirement Income Security Act of 
 1974, the Public Health Service Act, and the Internal Revenue Code of 
 1986 to require comprehensive health insurance coverage for childhood 
                             immunization.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 13, 2000

 Mr. Durbin (for himself and Mr. Reed) introduced the following bill; 
     which was read twice and referred to the Committee on Health, 
                     Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
  To amend title I of the Employee Retirement Income Security Act of 
 1974, the Public Health Service Act, and the Internal Revenue Code of 
 1986 to require comprehensive health insurance coverage for childhood 
                             immunization.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Comprehensive Insurance Coverage of 
Childhood Immunization Act of 2000''.

SEC. 2. AMENDMENTS TO THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 
              1974.

    (a) In General.--Subpart B of part 7 of subtitle B of title I of 
the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1185 et 
seq.) is amended by adding at the end the following:

``SEC. 714. STANDARD RELATING TO COVERAGE OF CHILDHOOD IMMUNIZATION.

    ``(a) In General.--A group health plan, and a health insurance 
issuer offering health insurance coverage in connection with a group 
health plan, shall provide for each plan year comprehensive coverage 
for routine immunizations for each individual who is a dependent of a 
participant or beneficiary under the plan and is under 19 years of age.
    ``(b) Comprehensive Coverage.--For purposes of this section, 
comprehensive coverage for routine immunizations for a plan year 
consists of coverage, without deductibles, coinsurance, or other cost-
sharing, for immunizations (including the vaccine itself) in accordance 
with the most recent version of the Recommended Childhood Immunization 
Schedule issued prior to such plan year by the Advisory Committee on 
Immunization Practices of the Centers for Disease Control and 
Prevention.''.
    (b) Conforming Amendment.--The table of contents in section 1 of 
such Act is amended by inserting after the item relating to section 713 
the following new item:

``Sec. 714. Standard relating to coverage of childhood immunization.''.

SEC. 3. AMENDMENTS TO THE PUBLIC HEALTH SERVICE ACT.

    (a) Group Market.--Subpart 2 of part A of title XXVII of the Public 
Health Service Act (42 U.S.C. 300gg-4 et seq.) is amended by adding at 
the end the following new section:

``SEC. 2707. STANDARD RELATING TO COVERAGE OF CHILDHOOD IMMUNIZATION.

    ``(a) In General.--A group health plan, and a health insurance 
issuer offering health insurance coverage in connection with a group 
health plan, shall provide for each plan year comprehensive coverage 
for routine immunizations for each individual who is a dependent of a 
participant or beneficiary under the plan and is under 19 years of age.
    ``(b) Comprehensive Coverage.--For purposes of this section, 
comprehensive coverage for routine immunizations for a plan year 
consists of coverage, without deductibles, coinsurance, or other cost-
sharing, for immunizations (including the vaccine itself) in accordance 
with the most recent version of the Recommended Childhood Immunization 
Schedule issued prior to such plan year by the Advisory Committee on 
Immunization Practices of the Centers for Disease Control and 
Prevention.''.
    (b) Individual Market.--The first subpart 3 of part B of title 
XXVII of the Public Health Service Act (42 U.S.C. 300gg-51 et seq.) 
(relating to other requirements) (42 U.S.C. 300gg-51 et seq.) is 
amended--
            (1) by redesignating such subpart as subpart 2; and
            (2) by adding at the end the following:

``SEC. 2753. STANDARD RELATING TO COVERAGE OF CHILDHOOD IMMUNIZATION.

    ``The provisions of section 2707 shall apply to health insurance 
coverage offered by a health insurance issuer in the individual market 
in the same manner as they apply to health insurance coverage offered 
by a health insurance issuer in connection with a group health plan in 
the small or large group market.''.

SEC. 4. AMENDMENTS TO THE INTERNAL REVENUE CODE OF 1986.

    Subchapter B of chapter 100 of the Internal Revenue Code of 1986 is 
amended--
            (1) in the table of sections, by inserting after the item 
        relating to section 9812 the following new item:

                              ``Sec. 9813. Standard relating to 
                                        coverage of childhood 
                                        immunization.'';
        and
            (2) by inserting after section 9812 the following:

``SEC. 9813. STANDARD RELATING TO COVERAGE OF CHILDHOOD IMMUNIZATION.

    ``(a) In General.--A group health plan shall provide for each plan 
year comprehensive coverage for routine immunizations for each 
individual who is a dependent of a participant or beneficiary under the 
plan and is under 19 years of age.
    ``(b) Comprehensive Coverage.--For purposes of this section, 
comprehensive coverage for routine immunizations for a plan year 
consists of coverage, without deductibles, coinsurance, or other cost-
sharing, for immunizations (including the vaccine itself) in accordance 
with the most recent version of the Recommended Childhood Immunization 
Schedule issued prior to such plan year by the Advisory Committee on 
Immunization Practices of the Centers for Disease Control and 
Prevention.''.

SEC. 5. EFFECTIVE DATES.

    (a) Group Health Insurance Coverage.--Subject to subsection (c), 
the amendments made by sections 2, 3(a), and 4 apply with respect to 
group health plans for plan years beginning on or after January 1, 
2001.
    (b) Individual Health Insurance Coverage.--The amendment made by 
section 3(b) applies with respect to health insurance coverage offered, 
sold, issued, renewed, in effect, or operated in the individual market 
on or after such date.
    (c) Collective Bargaining Exception.--In the case of a group health 
plan maintained pursuant to 1 or more collective bargaining agreements 
between employee representatives and 1 or more employers ratified 
before the date of enactment of this Act, the amendments made sections 
2, 3(a), and 4 shall not apply to plan years beginning before the later 
of--
            (1) the earliest date as of which all such collective 
        bargaining agreements relating to the plan have terminated 
        (determined without regard to any extension thereof agreed to 
        after the date of the enactment of this Act), or
            (2) January 1, 2001.
For purposes of paragraph (1), any plan amendment made pursuant to a 
collective bargaining agreement relating to the plan which amends the 
plan solely to conform to any requirement added by sections 2, 3(a), 
and 4 shall not be treated as a termination of such collective 
bargaining agreement.
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